3.04.132 Supplemental bidder responsibility criteria.
(1) In addition to the mandatory bidder responsibility criteria set forth in SCC 3.04.131, the interested department, in consultation with the division, may adopt in connection with a particular project relevant supplemental bidder responsibility criteria which the bidder must meet. Those supplemental criteria, including the basis for evaluation and the deadlines for requesting modification of the supplemental bidder responsibility criteria and for appealing a determination that a low bidder is not responsible under the supplemental bidder responsibility criteria, shall be provided in the invitation to bid or bidding documents.
(2) As relevant to a particular project, supplemental bidder responsibility criteria may be included to require that:
(a) The bidder shall not owe delinquent taxes to the Washington state department of revenue without a payment plan approved by the department of revenue;
(b) The bidder shall not currently be debarred or suspended by the federal government;
(c) The bidder shall have complied with minority and women’s business enterprises, disadvantaged business enterprises, or other similar utilization requirements or goals on federally-funded public works projects with such requirements completed by the bidder within three years of the bid submittal date, unless there are extenuating circumstances acceptable to the county;
(d) The bidder shall not be listed as an ineligible contractor on the federal GSA Excluded Parties List System set forth by 31 U.S.C § 6101 and Executive Order 13496;
(e) If bidding on a public works project subject to the apprenticeship utilization requirements in chapter 3.05 SCC, the bidder:
(i) shall not have been found out of compliance with apprenticeship requirements of chapter 3.05 SCC unless otherwise excepted or waived in writing by the executive or the executive’s designee pursuant to SCC 3.05.040 for a one-year period immediately preceding the date of the bid submittal deadline; and
(ii) shall have complied with apprenticeship utilization goals on public works projects having such requirements that were completed by the bidder within a three-year period immediately preceding the date of the bid submittal deadline, unless there are extenuating circumstances acceptable to the county;
(f) The bidder shall not have been convicted of a crime involving bidding on a public works contract within five years from the bid submittal deadline;
(g) The bidder’s standard subcontract form shall include the subcontractor responsibility language required by RCW 39.06.020, and the bidder shall have an established procedure which it utilizes to validate the responsibility of each of its subcontractors. The bidder’s subcontract form shall also include a requirement that each of its subcontractors shall have and document a similar procedure to determine whether the sub-tier subcontractors with which it contracts are also "responsible" subcontractors as defined by RCW 39.06.020;
(h) The bidder shall not have a record of excessive claims filed against the retainage or payment bonds for public works projects during the previous three years that demonstrate a lack of effective management by the bidder of making timely and appropriate payments to its subcontractors, suppliers, and workers, unless there are extenuating circumstances acceptable to the county;
(i) The bidder shall have successfully completed projects of a similar size and scope as required by the contract documents for the project. In evaluating whether projects were successfully completed, the county may check owner references for previous projects and evaluate the owner’s assessment of bidder performance, including but not limited to quality control, safety record, timeliness of performance, use of skilled personnel, management of subcontractors, availability of and use of appropriate equipment, compliance with contract documents, and management of submittals process, change orders and close-out;
(j) The bidder shall not have had any public works contract terminated for cause by a government agency during the five year period immediately preceding the bid submittal deadline for the project, unless there are extenuating circumstances acceptable to the county;
(k) The bidder shall not have judgments entered by a court of law against the bidder within five years of the bid submittal date that demonstrate a pattern of failing to meet the terms of contracts, unless there are extenuating circumstances acceptable to the county; and
(l) The bidder shall not have a documented pattern of prevailing wage complaints filed against it within five years of the bid submittal date that demonstrates a failure to pay workers prevailing wages, unless there are extenuating circumstances acceptable to the county.
(3) Supplemental bidder responsibility criteria may include any other criteria determined by the county to be relevant to the particular project being bid, including but not limited to the ability, capacity and skill of the bidder to perform, the experience and efficiency of the bidder, the financial situation of the bidder, and the performance of the bidder on previous contracts or services.
(4) In a timely manner before the bid submittal deadline, a potential bidder may request that the county modify the supplemental bidder responsibility criteria. The county must evaluate the information submitted by the potential bidder and respond before the bid submittal deadline. If the evaluation results in a change of the criteria, the county must publish an addendum to the bidding documents identifying the modified criteria.
(5) If the bidder fails to supply information requested concerning responsibility within the time and manner specified in the bid documents, the county may base its determination of responsibility upon any available information related to the supplemental criteria or may find the bidder not responsible.
(6) If the county determines a bidder to be not responsible, the county must provide, in writing, the reasons for the determination. The bidder may appeal the determination within the time period specified in the bidding documents by presenting additional information to the county. The county must consider the additional information before issuing its final determination. If the final determination affirms that the bidder is not responsible, the county may not execute a contract with any other bidder until two business days after the bidder determined to be not responsible has received the final determination.
(7) The invitation to bid or bidding documents shall specify the times, manner and means of communications, deadlines and determinations required by this section. (Added by Ord. 10-054, Aug. 4, 2010, Eff date Aug. 30, 2010).